Karnataka High Court
Syed Abdulla @ Abdulla vs State By Chamarajnagar Town Ps on 22 July, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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CRL.P No. 9151 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 9151 OF 2022
BETWEEN:
1. SYED ABDULLA @ ABDULLA
S/O. SYED JOHAR,
AGED ABOUT 25 YEARS,
OCCUPATION AUTO DRIVER,
R/AT BEHIND KSRTC,
K. P. MOHALLA,
CHAMARAJNAGAR TOWN-571 313.
2. SAMEER AHAMAD
S/O. SHABBIR AHAMAD,
AGED ABOUT 28 YEARS,
OCCUPATION AUTO DRIVER,
R/AT BEHIND TIPPU MASJID,
BEEDI COLONY, GALIPURA,
CHAMARAJANAGARA TOWN-571 313.
Digitally signed 3. ALLA BAKAS @ ALLA BAKASH
by NAGAVENI S/O. VAHAB KHAN,
Location: HIGH AGED ABOUT 43 YEARS,
COURT OF OCCUPATION AUTO DRIVER,
KARNATAKA R/AT SATTI ROAD,
RAHMATH NAGAR,
CHAMARAJNAGAR TOWN-571 313.
4. MAHAMMAD RUMAN
S/O. AKRAM PASHA,
AGED ABOUT 23 YEARS,
OCCUPATION LORRY DRIVER,
R/AT NO.5/164, NOOR MOHALLA,
CHAMARAJNAGAR TOWN-571 313.
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CRL.P No. 9151 of 2022
5. SYED MUSTAVIK @ SYED MUSAVIR
S/O. SYED ALTAF,
AGED ABOUT 33 YEARS,
OCCUPATION AGRICULTURE,
R/AT NEW EXTENSION,
SARAGURU GRAMA,
CHAMARAJNAGAR TOWN-571 313.
...PETITIONERS
(BY SRI. MOHAMMED TAHIR, ADVOCATE)
AND:
1. STATE BY CHAMARAJNAGAR TOWN PS
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT COMPLEX BUILDING,
VIDHANA SOUDHA,
BANGALORE-560 001.
2. SUNDAR RAJ
AGED ABOUT 42 YEARS,
OCCUPATION LABOURER,
R/AT BARATHIYA JANATHA PARTY,
GHATAKA ADHYAKSHARU,
MEGALANAYAKARA STREET,
CHAMARAJANAGARA TOWN-577 313.
...RESPONDENTS
(BY SRI. B.N. JAGADEESH, ADDL. SPP FOR R1;
R2 - SERVED)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE
CHARGE SHEET DATED 20.01.2021 AT ANNEX-C FILED BY THE
RESPONDENT POLICE WHICH IS REGISTERED AS C.C.NO.228/2021
U/S 143, 153A, 504 R/W 149 OF IPC IN CONNECTION OF
CR.NO.93/2019 REGISTERED BY THE CHAMARAJANAGAR TOWN
POLICE STATION, AND SAME IS PENDING BEFORE THE
HONOURABLE ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C.,
CHAMARAJANAGARA, WHEREIN ARRAYED PETITIONERS ARE
ARRIVED AS ACCUSED NO.1 TO 5.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA
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CRL.P No. 9151 of 2022
ORAL ORDER
(PER: THE HON'BLE MR JUSTICE M.NAGAPRASANNA) Heard Sri.Mohammed Tahir learned counsel appearing for the petitioners and Sri. B.N.Jagadeesh, the learned Additional State Public Prosecutor appearing for respondent No.1.
2. The petitioners are before this Court calling in question the proceedings in C.C.No.228/2021, registered for offences punishable under Sections 143, 153A and 504 read with Section 149 of the IPC.
3. The learned counsel for the petitioners would submit that the issue in the case at hand stands covered by the judgments rendered by this Court in W.P.No.23230/2021, disposed on 16.06.2022, which read as follows:
" 3. Brief facts of the case leading to the filing of the petition as borne out from the pleadings are as follows:
The complainant - PSI received an information that the petitioner has uploaded several videos on his facebook account, which are provocative, the -4- NC: 2024:KHC:28756 CRL.P No. 9151 of 2022 statements are made against one particular community, which are conducive and ignites communal rivalry. Based on the complaint, the police have filed charge sheet before the trial Court.
4. The offences as afore-quoted are punishable under Section 153A of the IPC. To prosecute a person under Section 153A of the IPC, sanction under Section 196(1) of the Cr.P.C. is imperative. Section 196(1) of the Cr.P.C. reads as follows:
"196. Prosecution for offences against the State and for criminal conspiracy to commit such offence:
(1) No Court shall take cognizance of-
(a) any offence punishable under Chapter VI or under section 153A of Indian Penal Code, or Section 295 A or sub section (1) of section 505 of the Indian Penal Code (45 of 1860 ) or
(b) a criminal conspiracy to commit such offence, or
(c) any such abetment, as is described in section 108Aof the Indian Penal Code (45 of 1860), except with the previous sanction of the Central Government or of the State Government."
In the facts obtaining from the case at hand, it is an admitted fact that there has been no sanction accorded by the Central Government or the State Government for prosecution of the petitioner for the said offence.
5. Insofar as other offences alleged against the petitioner under Sections 504 and 506 of the IPC, which -5- NC: 2024:KHC:28756 CRL.P No. 9151 of 2022 is an offshoot of the allegations which is made under Section 153A of the IPC, so also the offence under Section 67 of the I.T. Act, as no sanction is accorded for the primary offence punishable under Section 153A of the IPC, further proceedings if permitted to be continued would be an abuse of the process of law and result in miscarriage of justice."
And by the co-ordinate Bench of this Court in W.P.No.51293/2017, disposed on 09/06/2022, it is held as follows:
" A FIR was lodged alleging that the petitioners had participated in a public programme organized by the Hindu Jagarana Vedike, Doddaballapura and the petitioners have delivered speeches in the said function which were in the nature of creating communal disturbance and communal disharmony hurting the sentiments of the Muslim community in the State and also given hate speech against the police Authority. The police after investigation submitted the charge sheet.
2. The learned Magistrate accepted the charge sheet and took cognizance of the offences punishable under Sections504, 505, 506, 153A, 295A read with Section 34 of IPC and issued summons to the petitioners. Taking exception to the same, this petition is filed.
3. The learned counsel appearing for the petitioners submits that the learned Magistrate has taken cognizance of the aforesaid offences contrary to Section 196 of Cr.PC, which specifies that learned Magistrate can take cognizance for the offence punishable under Section 153A of Cr.PC only upon previous sanction by the Central Government or State Government. In the absence of sanction accorded by the Central Government or State Government, the -6- NC: 2024:KHC:28756 CRL.P No. 9151 of 2022 cognizance taken for the aforesaid offences is one without authority of law.
4. On the other hand, the learned High Court Government Pleader appearing for the State submits that the charge sheet material disclose the commission of offences alleged against the petitioners and the learned Magistrate after considering the charge sheet material has rightly taken the cognizance of the aforesaid offences and the same does not warrant any interference.
5. I have considered the submissions of the learned counsel for the parties.
6. The charge sheet is filed for the offence punishable under Sections 153A of Cr.PC among other offences punishable under the provisions of IPC. Section 196 of Cr.PC specifies that no Court shall take cognizance of any offence punishable under4Section 153A of Cr.PC and also Section 295A, except with the permission of the Central Government or of the State Government. In the present case, sanction is not accorded by the Central Government or State Government for prosecuting the petitioner - accused for the offences punishable under Section153A and Section 295A. Hence, the cognizance taken by the learned Magistrate in the absence of sanction accorded by the Central Government or State Government as specified under Section 196 of Cr.PC is one without authority of law."
In the light of the afore-extracted judgments rendered by this Court and by the Co-ordinate Bench of this Court and in the facts obtaining in the case at hand, which covers the issue -7- NC: 2024:KHC:28756 CRL.P No. 9151 of 2022 on all its fours, I deem it appropriate to quash the proceedings, qua the petitioners.
4. For the reasons aforementioned, the following:
ORDER
(i) The Criminal Petition is allowed.
(ii) The proceedings in C.C.No.228/2021 pending before the Additional Senior Civil Judge and J.M.F.C., Chamarajanagara, stand quashed, qua the petitioners.
Sd/-
JUDGE KG List No.: 1 Sl No.: 4